Arrest

Arrest under CRPC.

1. ARREST C.SUGANYA JEBA. LLM ( HRts ) Asst. Professor, SOEL, TNDALU.

2. TYPES OF ARREST ARREST BY POLICE WITHOUT WARRANT (S. 41) ARREST BY NON-COGNISABLE OFFENCES (S.42) ARREST BY PRIVATE PERSON (S.43) ARREST BY MAGISTRATES (S.44) PROTECTION OF MEMBERS OF ARMED FORCES FROM ARREST (S. 45)

3. PROCEDURE OF ARREST (S.46) SEARCH OF PLACE ENTERED BY PERSON SOUGHT TO BE ARRESTED (S.47) PURSUIT OF OFFENDERS INTO OTHER JURISDICTIONS (S.48) NO UNNECESSARY RESTRAINT (S. 49) RIGHT OF AN ARRESTED PERSON (S. 50, 50A, 51,52, 53, 54, 54A, 55-60)

4. ARREST CHAPTER V CrPC SECTION 41 – 60 Arrest is the first step in criminal proceedings against a suspected person. Is the taking of a person into custody in order that he maybe bound to answer for the commission of an offense. Code has not defined the term “Arrest”.

5. MEANING Apprehension of a person by legal authority resulting in deprivation of his liberty. It may be actual restraint of the person to be arrested, or by his submission to the custody of the person making the arrest. It signifies restraint on person, depriving one of his own will and liberty, binding him to become obedient to the will of the law.

6. “A person who, being suspected by a police officer of having committed an offense, was invited by the latter and who voluntarily went with him, was considered arrested, for arrest includes submission to the custody of the person making the arrest. The basis for his arrest being merely on suspicion, his arrest was illegal.” It is enough that there be an intent on the part of one of the parties the arrest the other and an intent on the part of the other to submit, under the belief and impression that submission is necessary

7. ARREST Vs CUSTODY ‘Custody ’ and ‘Arrest ’ don’t have same meaning . Taking of a person into judicial custody is followed after the arrest of the person by Magistrate on appearance or surrender . In every arrest there is custody but not vice versa . Mere taking into custody of a person an authority empowered to arrest may not necessarily amount to arrest.

8. PURPOSE OF ARREST The mere purpose of arrest is to bring a arrestee before a court and to secure the administration of the law.  It also serve the function of notifying society that an individual has been committed a crime and to deter him from committed any other crime in future.

9. TYPES ARREST WITH WARRANT (ISSUED BY MAGISTRATE) WITHOUT WARRANT (ACCORDANCE WITH SOME LEGAL PROVISIONS PERMITTING ARREST)

10. WHO CAN ARREST ? Police Officer ( S. 41) Magistrate (S. 44) Private Person ( only in accordance with some legal provision permitting such arrest ) (S. 43) Exemption : Member of Armed Forces  for anything done by them in discharge of their official duties except after obtaining the consent of the government  (S. 45)

11. ARREST MADE BY POLICE OFFICER S. 46 In making an arrest the police officer /other person making the same actually touches or confines the body of the person to be arrested unless there be a submission to custody by words or action.  When the police arrests a person in execution of a warrant of arrest obtained from a magistrate,  the person so arrested shall not be handcuffed  unless the police have obtained orders from the Magistrate in this regard.

12. If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest. Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life . The person arrested shall not be subjected to more restraint than is necessary to prevent his escape. (S. 49)

13. ARREST OF WOMEN In case of women, unless the circumstances indicate to the contrary, her submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances otherwise require or unless the police officer is a female, the police officer shall not touch the person of the woman for making her arrest.* No women shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.** Separate lock ups to be provided for them.

14. ARREST MADE BY PRIVATE PERSON SECTION 43 Any private person may arrest or cause to be arrested any person who in his presence commits a non- bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station . If there is reason to believe that such person comes under the provisions of section 41 , a police officer shall re-arrest him. If there is a reason to believe that he has committed a non-cognizable offence and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 42; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released .

15. ARREST MADE BY MAGISTRATE SECTION 44 When any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody. Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.

16. ADDITIONAL POWERS FOR EFFECTING ARREST Search of Place (S. 47) Pursuit of offenders (S. 48, 77) Deputing subordinates to arrest (S. 55) Power , on escape, to pursue and retake (S.60)

17. POST-ARREST PROCEDURES Search of arrested person (S. 51) Seizure of offensive weapons (S. 52) Medical examination of accused after arrest (S. 53, 53A,54) Report of arrests to be sent to D istrict Magistrate (S. 58) Person arrested not to be discharged except on bond or bail (S. 59)

18. RIGHTS OF ARRESTED PERSON Right to know the ground of arrest* (S. 50(1)) Information regarding the right to be released on bail (S. 50 (2)) Right to be taken before a magistrate without delay (S. 56, 76) Right of not being detained for more than 24 hours without judicial scrutiny (S. 57, Art. 22(2), S.76)

19. 5. Right to consult a legal practitioner (S. 303, Art. 22(1)) 6. Right of an arrested indigent person to free legal aid and to b informed about it.* 7. Right to be examined by a medical practitioner (S. 54)

20. CONSEQUENCES OF NON-COMPLIANCE If any person is arrested illegally, it is a tort of false imprisonment, and the arrested person is entitled to claim damages from the person who made such an arrest . If any person, his arrest is illegal, who is being so arrested can exercise the right of private defense in accordance with the provisions contained in Section 96 to 106 of the Indian Penal Code, 1860. If any person who illegally arrests another is punishable under section 342 of the Indian penal code 1860 for wrongful confinement. The public servant having authority to make any arrest, knowingly effects and illegal arrest in contravention of law, he can be prosecuted for an offence under Section 220 of the Indian Penal Code 1860. If the arrest is illegal, the victim of unlawful arrest and detention have right to compensation. Informal detention or restraint of any kind by the police is considered as arrest as they are not authorized by law and such person claims the rights of arrested person if illegally detained or restrained. Even the provisions relating to arrest have not been fully complete with, the trial will not be void.

21. D.K.Basu v. State of West Bengal [(1997)1 SCC 416: 1997 SCC (Cri.) 92 Guidelines for the police who are in to investigation and policing The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register . That the police officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may either be a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be countersigned by the arrestee and shall contain the time and date of arrest . The time, place of arrest and venue of custody of an arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the Legal Aid Organization in the district and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest

22. 4. The arrestee should, where he so requests, be also examined at the time of his arrest and major and minor injuries, if any present on his/her body must be recorded at the time. The “ inspection memo” must be signed both by the arrestee and the police officer effecting the arrest and its copy provided to the arrestee. 5. The arrestee should be subjected to medical examination by a trained doctor every 48 hours during his detention in custody by a doctor on the panel of approved doctors appointed by the Director, Health Services of the State or Union Territory concerned. The Director, Health Services should prepare such a panel for all tehsils and districts as well. 6. Copies of all the documents including the memo of arrest referred to above should be sent to the Illaqa Magistrate for his record. 7. The arrestee may be permitted to meet his lawyer during interrogation, though not throughout interrogation. 8. A police Control Room should be provided at all districts and State Head Quarters, where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest, within 12 hours of effecting the arrest and at the Police Control Room it should be displayed on a conspicuous Notice board.

23. JOGINDER KUMAR VS STATE OF U.P. [(1994) 4 SCC 260] In this case Apex Court ruled that an arrested person being held in custody is entitled , if he so requests, to have one friend , relative or other person interested in his welfare , told that he has been arrested and where he is being detained. The police officer shall inform the arrested person when is brought to the police station of this right. An entry shall be requested to be made in the diary as to who was informed of the arrest. The Magistrate is obliged to satisfy himself that there requirements have been complied with.

24. ARNESH KUMAR VS STATE OF BIHAR [(2014) 8 SCC 273] Apex Court ruled that an arrested person being held in custody is entitled , if he so requests, to have one friend , relative or other person interested in his welfare , told that he has been arrested and where he is being detained. The police officer shall inform the arrested person when is brought to the police station of this right. An entry shall be requested to be made in the diary as to who was informed of the arrest. The Magistrate is obliged to satisfy himself that there requirements have been complied with.

25. THANK YOU Read the text book and the bare act to have a better understanding..